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Home My WebLink About021639 ORD - 04/27/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TWO-YEAR LEASE AGREEMENT WITH JOHN B. RUSSO AND THOMAS W. STEWART, FOR A TRACT OF LAND LOCATED AT RESACA AND SAM RANKIN STREET, TO BE USED BY THE CITY'S STREET DEPARTMENT FOR MATERIAL STORAGE, FOR A RENTAL FEE OF $300.00 PER MONTH, WITH THE OPTION TO RENEW FOR ADDITIONAL TWO-YEAR PERIODS UNDER THE SAME TERMS AND CONDITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a two-year lease agreement with John B. Russo and Thomas W. Stewart for a tract of land located at Resaca and Sam Rankin Street to be used by the City's Street Department for material storage for a rental fee of $300.00 per month, with the option to renew for additional two-year periods under the same terms and conditions, as set out in the lease agreement, a copy of which is attached and incorporated as Exhibit A. AGS000.333.ajr AHED 021639 Engineering Services Paving and Property Management LEASE AGREEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THIS LEASE,byand between JOHN B. RUSSO and THOMAS W. STEWART, partners, (Russo & Stewart Partnership) hereinafter called "Lessor" and the CITY OF CORPUS CHRISTI, TEXAS, a municipal and body politic, hereinafter called "Lessee". WITNESSETH: For and in consideration of the covenants herein contained on the part of Lessee to be kept and performed, Lessor does hereby lease and demise unto Lessee and Lessee does hereby rent from Lessor the following described premises upon the terms and conditions herein set forth, to wit: West 60 feet of Lots Two (2) through Six (6), all of Lots Seven (7) and Eight (8) and fractional Lots Nine (9), Ten (10) and Eleven (11), Block 53, Beach Portion, an addition to the City of Corpus Christi, Texas, as shown by map or plat thereof as recorded in Volume A, Pages 2 and 3, Map Records, Nueces County, Texas. To have and hold said premises hereby leased unto Lessee from the first day of January 1993 for a full term of two (2) years next ensuing to and including the last day of December, 1994. I. Lessee covenants and agrees to pay to Lessor as rent for the said premises a yearly rental rate of Three Thousand Six Hundred Dollars ($3,600.00) payable to Lessor in equal monthly installments of Three Hundred "Lease Agreement" SAM RANKIN & RESACA AGREMT:RUSSO/STEWART 01-01-93 Page 1 of 7 Dollars ($300.00) each, payable on or before the first day of each month for the two year term. II. This Lease shall be automatically renewed for a two year term, same terms and conditions as on the set out herein, unless sixty (60) days prior to expiration of the then current Lease either party notifies the other that Lease conditions need to be modified. III. Lessee shall pay gas, water, electric power and all utility bills as the same may become due or chargeable against said premises during the term of this lease or any extension thereof. IV. Lessee may make any alterations or additions to the leased premises as agreed upon by Lessor and Lessee, and all alterations, additions and improvements shall be the property of surrendered with the leased premises portable and materials or property and realty, shall Lessor and shall remain upon and be at expiration of this lease. All temporary storage buildings, sheds, tool sheds, or other equipment, storage facilities, security fences, personal structures which do not become permanently affixed to the remain property of Lessee and shall be removed upon expiration of this lease. V. The Lessee covenants and agrees to protect and save harmless the Lessor of and from any and all claims for injuries to persons or property by reason of any accident or happening upon the demised premises caused by the act, omission, or negligence of any employee, agent, or contractor of Lessee. "Lease Agreement" SAM RANKIN & RESACA AGREMT:RUSSO/STEWART 01-01-93 Page 2 of 7 VI. Lessee shall at the end of the term of this lease, or other termination thereof, restore the ground to its original state and deliver the leased premises in good order and condition. The Lessee shall keep the grounds properly graded to prevent any ponding of rain water or to prevent any erosion of the property due to rain water runoff. VII. This Lease may be terminated at any time by either party by delivery of sixty (60) days written notice to the either party. Delivery of all notices and lease payments required under this agreement shall be made by a deposit in the U.S. Mail to the following addressee: Lessor: John B. Russo 5233 Interstate 37, Suite A-5 Corpus Christi, Texas 78408 Lessee: City of Corpus Christi Department of Engineering Services Paving/Property Management Division City Hall Annex P.O. Box 9277 Corpus Christi, Texas 78469-9277 VIII. Lessee will use the premises only for the purpose of storage of street maintenance and repair equipment, motor vehicles, tools, construction materials and the stock piling of materials, and such other items of equipment, materials and portable buildings used in connection with the business of street maintenance, repair and construction, which by custom and usage is included in such business. "Lease Agreement" SAM RANKIN & RESACA AGREMT:RUSSO/STEWART 01-01-93 Page 3 of 7 Ix. It is expressly understood and agreed by the parties hereto but for Lessor's agreement to grant said lease hereunder, that the Lessee's acquisition of said lease could otherwise only be accomplished by Lessee invoking its power of eminent domain and, in lieu and recognition thereof, Lessor and lessee hereby join in this agreement according to the foregoing terms and conditions. "Lease Agreement" SAM RANKIN & RESACA AGREMT:RUSSO/STEWART 01-01-93 Page 4 of 7 In testimony whereof, this lease is executed in triplicate on this the day of , 1993. LESSOR ATTEST: CITY OF CORPUS CHRISTI ARMANDO CHAPA, CITY SECRETARY LESSEE Juan Garza, City Manager APPROVED AS TOLEGAL FORM THIS / DAY OF , 190; JIM BRAY, CITY ATTORNEY Alisn Gallaway AssistantCity Attorney "Lease Agreement" SAM RANKIN & RESACA AGREMT:RUSSO/STEWART 01-01-93 Page 5 of 7 THE STATE OF TEXAS COUNTY OF NUECES T/E This instrument was acknowledged before me on this the ,C day of FIJOY &Yy , 1993 by John B. Russo, partner, on behalf of RUSSO & STEWART PARTNERSHIP. Notar public i and fo PLEASE stamp, type of print [NOTE] notary's name plus expiration date. THANK YOU. the State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of , 19 by Juan Garza, City Manager for the City of Corpus Christi, Texas, a Texas Municipal Corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas PLEASE stamp, type or print [NOTE] notary's name plus expiration date. THANK YOU. "Lease Agreement" SAM RANKIN & RESACA AGREMT:RUSSO/STEWART 01-01-93 Page 6 of 7 6 / 0 7 ass• os O n .67 4 RESAT 1 "Lease Agreement" SAM RANKING & RESACA AGREMT:RUSSO/STEWART 01-01-93 Page 7 of 7 That the foregoing orditlap� was read for the first time and passed to its second reading on this . [ the 2 j day of 11 �v \\ , 19 01 3) by the following vote: Mary Rhodes Cezar Galindo Lee-Eraerreirr Betty Jean Longoria NY - Edward A. Martin Jae -McComb Dr. David McNichols Clif Moss Mary Pat Slavik T,. That the foregoing ordinance was read for th second time and passed to its third reading on this the day of I,.,Vi�'t� , 19 (43 , by the following vote: Mary Rhodes Cezar Galindo Lae-Gaerre -- Betty Jean Longoria Edward A. Martin ,Tee -McComb Dr. David McNichols Clif Moss Mary Pat Slavik aloat ui That the foregoing ordinance was read for the third time and passed finally on this the 21 day of �7 YI 1 , 19 (4 5 , by the following vote: Mary Rhodes Cezar Galindo tin Betty Jean Longoria �.;:, kilt PASSED AND APPROVED, this the 21 City Secretary Edward A. Martin Ifslaiyikpe Dr. David McNichols Clif Moss __ �)i) kc day of "'1' , 19 3. ___Laallet) Lit MAYOR THE C Y OF CORPUS CHRISTI APPROVED: I `. DAY OF _ till u/VCL( , 1913 : JAMES R. BRAY, JR., CITY ATTORNEY us 1 L! , Assistant City Attorney 021639 044 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 82653 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021639 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TWO-YEAR LEASE AGREEMENT which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 2nd day(s) of May, 1993. One Time(s) $ 65.60 Business Office Administrative Assistant Subscribed and sworn to before me this 14th day of May, 1993. Notary Public, Nu es County, Texas EDNA KOSTER Notary Public State bf Texas My Comm. Exp. 11-30-96 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 42788 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE A TWO-YEAR LEASE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28th day(s) of March, 1993. One Time(s) $ 67.20 cz C (---)1/4.S Business Office Administrative Assistant Subscribed and sworn to before me this 6th day of April, 1993. Qt bro U (COaNr 29 Notary Public, Nueces County, Texas -71 Sar. 3/40 n Q ry 2r• T3 =� b 9O O1 (77 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 55216 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TWO-YEAR LEASE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 4th day(s) of April, 1993. One Time(s) $ 67.20 lam/ Business Office Administrative Assistant Subscribed and sworn to before me this 21st day ,y b --cam N r*i 01 o O o rn of April, 1993. 09-4A ry Public,ueces County, Texas EDNA KOSTER Notary Pak State of Texas My Comm. Exp, 11.30.Q8 FIRST READ AUTHORIZING THE MANAGER, OR HIS DESI_ TO EXECUTE A TWO-Y� LEASE AGREEMENT WI JOHN RUSSO AND THOM W. STEWART, FOR TRACT OF LAND LOCATE - AT RESACA AND SAM RAN KIN STREET, TO BE USED B.. THE CITY'S STREET DE- PARTMENT FOR MATERIAL STORAGE,.FOR A'RENTAL : FEE OF $300 PER MONTH, WITH THE OPTION TO RE - EW FOR ADDITIONAL WO -YEAR PERIODS UNDER E SAME TERMS AND C NDITIONS. THE TERM IS r F TWO YEARS WITH AD- L TWO YEAR' AL arms, Fa F1 sT OF PROVIDING MATERIAL STORAGE TOR b USED W TIS: CITY'S N STREET 30, FON A RENTAAL FEE Cffnlr $300 PER MONTH. NE A copy of the lease is on "el file in the City or Secretary's office. PUI The ordinance was passed dor and approved on first reading by the City Council of Sat the City of Corpus Christi, pre Texas on the 23rd day be of March, 1993. Lot /a/ Armando Chaps pre City Secretary re4 City of Cdtp s Christi rev tlh NOTICE OF PAf6AGe a • AUTHORNZIN6 THEANCE NO.A1639 v CITY a MANAGER OR HIS T DESIGNEE TO EXECUTE A TWO-YEAR IN LEASE AGREEMENT WITH r JOHN RUSSO AND THOMAS a W $TEWART, FOR A TRACT OF LAND LOCATED AT RESACA AND SAM RAN - KIN STREET, TO BE USED BY THE CITY'S STREET DE- ' PARTMENT FOR MATERIAL STORAGE, FOR A RENTAL FEE OF 5300 PER MONTH, WITH THE OPTION TO RE- NEW FOR ADDITIONAL TWO-YEAR PERIODS UNDER THE SAME TERMS AND CONDITIONS. THE TERM IS FOR TWO YEARS WITH AD- ' DITIONAL TWO YEAR RENEWAL OPTIONS, FOR THE PURPOSE OF PROVIDING MATERIAL STORAGE TO BE USED BY THE CITY'S e STREET DEPARTMENT, FOR A RENTAL FEE OF io $300 PER MONTH. A copy of the leasee is on file in the City e Secretary's office. The ordinance was passed and approved on third. reading by the City Council of the City of Corpus Christi, Texas on the 27th day of April, 1993. /s/ Armando Chapa City Secretary • Cay a(Coapue and #M1TMF AI